What is the definition of cohabitation? Mississippi

[edixon79]

What is the name of your state (only U.S. law)? Mississippi

My boyfriend (we're trying to work on things anyway) is also my unborn baby's father. He lives in a home where since I got pregnant, I have been spending a lot of time in (it's nicer than my house). However, I own my own home in the next town where I pay my own bills, everything is in my name, I don't plan on moving out of and we will stay there every once in a while. I don't pay any of his bills in his home and have no financial obligation to him for his house, nor do we have any thing in both of our names. We are not tied together financially, only with his baby in my belly.

My point is, his ex wife is trying to come after him for the $45,000 he is supposed to pay her should he "move a woman in" into his home. Yes I have some things in the closet, and I have my own sink when I come over. We were talking about "officially" moving in with each other eventually but I'm not ready to give up my home quite yet.

She is saying cohabitation began on or around August 11, and that he is to pay up by Oct 11. He wrote her back wondering where she got these dates from etc.

So, my question is, even though I am spending a lot of time here does that count as cohabitation? I always thought that cohabitation meant two people having a sexual relationship acting as husband and wife, sharing house expenses and other miscellaneous stuff. His son came over one day (who lives with ex wife) and took pictures of my clothes in his closet and some of my daughters clothes in the kids bedroom.

Any advice would be greatly appreciated!

 

[Zigner]

Sure sounds to me like you're living there...

 

[Antigone*]

What is the name of your state (only U.S. law)? Mississippi

My boyfriend (we're trying to work on things anyway) is also my unborn baby's father. He lives in a home where since I got pregnant, I have been spending a lot of time in (it's nicer than my house). However, I own my own home in the next town where I pay my own bills, everything is in my name, I don't plan on moving out of and we will stay there every once in a while. I don't pay any of his bills in his home and have no financial obligation to him for his house, nor do we have any thing in both of our names. We are not tied together financially, only with his baby in my belly.

My point is, his ex wife is trying to come after him for the $45,000 he is supposed to pay her should he "move a woman in" into his home. Yes I have some things in the closet, and I have my own sink when I come over. We were talking about "officially" moving in with each other eventually but I'm not ready to give up my home quite yet.

She is saying cohabitation began on or around August 11, and that he is to pay up by Oct 11. He wrote her back wondering where she got these dates from etc.

So, my question is, even though I am spending a lot of time here does that count as cohabitation? I always thought that cohabitation meant two people having a sexual relationship acting as husband and wife, sharing house expenses and other miscellaneous stuff. His son came over one day (who lives with ex wife) and took pictures of my clothes in his closet and some of my daughters clothes in the kids bedroom.

Any advice would be greatly appreciated!

You are cohabitating. It is funny, his baby is in your belly and your are not having a sexual relationship. You are acting as husband and wife by you staing over and playing house. Yes you are cohabitating!

 

[Silverplum]

What is the name of your state (only U.S. law)? Mississippi

My boyfriend (we're trying to work on things anyway) is also my unborn baby's father. He lives in a home where since I got pregnant, I have been spending a lot of time in (it's nicer than my house). However, I own my own home in the next town where I pay my own bills, everything is in my name, I don't plan on moving out of and we will stay there every once in a while. I don't pay any of his bills in his home and have no financial obligation to him for his house, nor do we have any thing in both of our names. We are not tied together financially, only with his baby in my belly.

My point is, his ex wife is trying to come after him for the $45,000 he is supposed to pay her should he "move a woman in" into his home. Yes I have some things in the closet, and I have my own sink when I come over. We were talking about "officially" moving in with each other eventually but I'm not ready to give up my home quite yet.

She is saying cohabitation began on or around August 11, and that he is to pay up by Oct 11. He wrote her back wondering where she got these dates from etc.

So, my question is, even though I am spending a lot of time here does that count as cohabitation? I always thought that cohabitation meant two people having a sexual relationship acting as husband and wife, sharing house expenses and other miscellaneous stuff. His son came over one day (who lives with ex wife) and took pictures of my clothes in his closet and some of my daughters clothes in the kids bedroom.

Any advice would be greatly appreciated!

http://lmgtfy.com/?q=Mississippi+cohabitation

 

[ecmst12]

I would disagree that you are cohabitating since you're not sharing bills and you have your own residence, but really, this is none of your concern. Your boyfriend should be talking to his lawyer about this.

 

[Antigone*]

I would disagree that you are cohabitating since you're not sharing bills and you have your own residence, but really, this is none of your concern. Your boyfriend should be talking to his lawyer about this.

Clothes in the drawers, Em. Come on even married people sometimes keep finances completely separate. One other thing. Boyfriend should speak to attorney, Ms. Thang here is not a party to his divorce.

 

[ecmst12]

Except that she has a residence, if she's not getting mail at his place, and his address is not on her drivers license or other official stuff, I don't think it should count.

And I DID say boyfriend should handle this with his lawyer

 

[Antigone*]

Except that she has a residence, if she's not getting mail at his place, and his address is not on her drivers license or other official stuff, I don't think it should count.

And I DID say boyfriend should handle this with his lawyer

I did misread that, Em, sorry.

 

[Zigner]

Apparently, MS thinks differently:

http://www.mscode.com/free/statutes/97/029/0001.htm

If any man and woman shall unlawfully cohabit, whether in adultery or fornication, they shall be fined in any sum not more than five hundred dollars each, and imprisoned in the county jail not more than six months; and it shall not be necessary, to constitute the offense, that the parties shall dwell together publicly as husband and wife, but it may be proved by circumstances which show habitual sexual intercourse.

 

[Silverplum]

Apparently, MS thinks differently:

http://www.mscode.com/free/statutes/97/029/0001.htm

If any man and woman shall unlawfully cohabit, whether in adultery or fornication, they shall be fined in any sum not more than five hundred dollars each, and imprisoned in the county jail not more than six months; and it shall not be necessary, to constitute the offense, that the parties shall dwell together publicly as husband and wife, but it may be proved by circumstances which show habitual sexual intercourse.

You used my link!

 

[ecmst12]

I'm pretty sure that law can't be enforced anymore, that's kind of ridiculous. And I would also tend to doubt that family court would use a definition from an outdated criminal statute for purposes of a line in a divorce settlement. But what do I know? I'm just a non-divorced chick from PA. Boyfriends lawyer, on the other hand, will know just what to do

 

[Zigner]

I'm pretty sure that law can't be enforced anymore, that's kind of ridiculous. And I would also tend to doubt that family court would use a definition from an outdated criminal statute for purposes of a line in a divorce settlement. But what do I know? I'm just a non-divorced chick from PA. Boyfriends lawyer, on the other hand, will know just what to do

Agreed - the criminal law is very unlikely to be enforced, but it DOES give us some guidance as to how MS defines cohabitation


And, yes, I used your link SP

 

[Bali Hai]

I find it completely mind boggling, although not surprising, that when a man comes here asking about cohabitation regarding a women shacking up and ending alimony, the advice is completely different from the same people when a woman is paying alimony to the man and trying prove cohabitation to terminate it.

And now even citing a 19th century criminal statute to justify their bias. Unbelievable!

 

[ecmst12]

I do not think this has a thing to do with alimony.

 

[Bali Hai]

I do not think this has a thing to do with alimony.

It has to do with money, same thing...